UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41067
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
REGINO GALLEGOS-DELGADO,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Southern District of Texas
(M-01-CR-280-1)
_________________________________________________________________
December 11, 2002
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Contesting his guilty-plea conviction and sentence for
attempted illegal reentry into the United States, Gallegos-Delgado
maintains: the district court accepted his plea without
determining that he understood the charge against him and there
were insufficient facts to establish his guilt; and one criminal
history point was improperly assessed for a prior theft conviction.
To preserve the issue for possible review by the Supreme Court, he
also challenges the constitutionality of 8 U.S.C. § 1326(b)(2)’s
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
“aggravated felony” provision. Gallegos-Delgado concedes he did
not present any of these issues in district court; they are
reviewed only for “plain error”. E.g., United States v. Vonn, 122
S.Ct. 1043, 1046 (2002); United States v. Rodriguez 15 F.3d 408,
414 (5th Cir. 1994).
We have read the briefs and the applicable law, have heard the
arguments of counsel, and have consulted pertinent portions of the
record. There is no plain error.
AFFIRMED
2